Unequal deposits as a couple: decide shares before the CPCV

One buyer pays 80% of the cash deposit; the other pays 20%. Will they own the home equally? And what about the mortgage? A bank transfer does not answer those questions. The couple should decide, document and confirm them before the CPCV.

When a couple buys with unequal contributions, there are four separate ledgers: who owns the home, who owes the bank, who paid the cash and whether a private adjustment exists. Confusing them is where many disputes begin.

Start with four separate ledgers

Imagine a €300,000 home. Buyer A puts in €90,000, buyer B puts in €30,000 and the bank lends €180,000. Those figures do not yet say whether the home should be owned 50/50, 60/40 or in another proportion. The couple still needs to decide how instalments will be paid, what either intends to give the other and how a future sale should be divided.

One ledger may affect another, but does not replace it. Paying more equity does not by itself change the register. Owning 70% does not automatically mean owing only 70% of the mortgage. And a spreadsheet does not correct a purchase title that says something different.

50/50 is not the only option

Portugal's land register identifies ownership and charges over a property. Co-ownership shares can be unequal. The Tax Authority itself gives examples of undivided shares such as 1/8, 1/10 or 1/3 acquired in the same transaction.

Discuss three practical structures with a lawyer, solicitor or notary:

1. Equal shares. The couple intends to share growth and risk equally even though the initial equity is unequal. The difference may be a permanent contribution, gift or loan between them — but it must be described correctly.
2. Unequal shares. Ownership reflects an agreed proportion such as 70/30. Decide whether that proportion covers only the initial deposit or also future mortgage capital, taxes and works.
3. Equal shares with an adjustment. The title is 50/50 but a written mechanism repays one buyer's additional contribution first on sale. This needs legal and tax review; a private message may not achieve the expected result.

Do not choose 70/30 only because today's cash deposit is 70/30. Over a 30-year mortgage, instalments, overpayments, insurance and renovations may change the total contribution dramatically. Define what the percentage is meant to measure.

Marriage, de facto union and property regime change the analysis

Do not copy another couple's answer. The official guide to marriage and de facto unions explains that the matrimonial property regime determines what belongs to the couple and what belongs to each spouse. Under separation of property, spouses can buy together as co-owners. Community regimes and the use of separate money need their own analysis.

A de facto union does not automatically create a matrimonial property regime. The same guide warns that, when the union ends, assets may be disputed under co-ownership or unjust-enrichment rules. Do not turn a home purchase into a future court exercise to reconstruct who paid what.

Before the CPCV, give the professional:

• each buyer's civil status;
• marriage certificate and property regime, where relevant;
• any prenuptial agreement;
• evidence and nature of separate money, inheritance, gift or prior sale;
• the intended percentage and economic reason for it.

The IMT declaration also asks for civil status, matrimonial regime and spouse where applicable. Leaving this until completion week invites delay.

The home percentage does not automatically divide the mortgage

The lender assesses each customer's creditworthiness using income, regular expenses and credit liabilities. The FINE and contract identify the borrowers, loan amount, instalments, security and other terms.

Ask the bank in writing:

• who will be a borrower and who will only be an owner or guarantor;
• whether each borrower answers for the whole debt or a defined part;
• whether the bank accepts the intended ownership shares;
• which account pays the CPCV deposit, equity, taxes and instalments;
• what evidence it wants for contributions, gifts or private loans.

Do not assume 70% of the home means 70% of the instalment or risk. If both sign the mortgage, read each person's obligations in the FINE, draft and contract. If only one applies for finance, confirm early whether the bank and purchase structure allow the other person to be a co-owner.

Document the plan before the first transfer

The best time to record the decision is while everyone agrees and the money has not moved. Prepare a one-page schedule and take it to the lender and legal professional.

If an excess contribution is genuinely a gift to the other buyer, do not hide it inside “joint equity”. The Tax Authority has specific reporting, non-taxable and exemption rules for gifts. If it is a loan, document the amount, term and repayment and tell the mortgage bank. Obtain case-specific tax advice before transferring the money.

Keep statements, transfer receipts and invoices. They help explain the source of funds and check the agreement; they do not replace the ownership title.

Align everything before the CPCV

The CPCV should correctly identify the buyers, price, payments and transaction conditions. If the structure is still undecided, do not pay a large deposit and hope to “fix it at completion”.

At completion, Casa Pronta can combine the purchase, mortgage, charge and registrations. That is too late to discover the bank prepared two borrowers on one basis while the couple expected a different ownership arrangement.

Next step

Hold one short meeting before negotiating the CPCV. Take four numbers — intended ownership share, each cash contribution, expected monthly payment and exit rule — to the bank and legal professional. Transfer the CPCV deposit only when all four answers fit the same purchase.